Last updated: January 1, 2023
We, Fogo Hospitality, Inc., provide this Privacy Policy to explain how we collect, use, disclose and otherwise process your personal information when you use a website that we operate and which displays this Privacy Policy (this “Website“). This Website is intended for users located in the United States only. We use the term “personal information” to mean information that can reasonably be used to identify you. If you are a California resident, please also see Section VI below.
I. WHAT PERSONAL INFORMATION DO WE COLLECT?
Information you voluntarily submit: When you use this Website, we may ask for personal information about you, including your name, address, e-mail address, birthday (date, month, and year), and credit card and other payment information. We may also obtain personal information through e-mail correspondence if you contact us by e-mail or if you ask to receive periodic news, updates, and other correspondence from us. It may be a prerequisite for your contacting us that you provide us with specified personal information. Without your providing such personal information, we may not be able to respond to any inquiries, post any comments, or otherwise correspond with you.
Information we automatically collect: We use cookies, pixel tags and other online tracking technologies to collect information about your use of this Website and your computer or other electronic devices, including your domain name, IP address, browser type, date and time of your request, and information about what content you interact with on this Website and at what times. We also allow certain third parties to use tracking technologies on this Website to collect information about you for their own purposes or other customers, including to display our advertisements to you on websites and services not owned or operated by us.
You may request that we stop using or disclosing your data to these third parties for the purposes of targeted advertising by following the instructions in Section V below.
Children and minors: This Website is not directed at collecting personal information from children or minors and we do not knowingly collect personal information from children under the age of 13. If we become aware that personal information about a child under the age of 13 was provided without the consent of a child or minor’s parent or guardian, we will delete such personal information.
II. FOR WHAT PURPOSES DO WE USE PERSONAL INFORMATION?
Information you voluntarily submit: We use personal information and other submissions by you through this Website to maintain, secure and optimize this Website, to respond to your requests, inquiries, and comments, to provide you with periodic news and updates if you agreed to receive periodic news and updates, to make reservations for you, to process orders, and to otherwise correspond with you.
Information we automatically collect: We use the information we automatically collect from users of this Website to provide additional functionality that enables them to use this Website more effectively, enhance your online experience, assist us with improving this Website, and serve targeted Fogo de Chão advertisements on websites we do not operate to users.
Email Marketing: If you agree to receive periodic news and updates from us, we will use your personal information to send you such news and periodic updates as well as automated e-mail messages, promotions, or marketing materials regarding our goods and services. You may opt-out from receiving further periodic news, updates, and promotional or marketing e-mails by following the “unsubscribe” link on any promotional email from us or by sending an e-mail to us at info@fogo.com and typing the word “unsubscribe” into the subject line.
Purchases: We may also offer items for sale on this Website, such as gift cards. If you elect to purchase any such item, we will collect credit card and other payment information together with other personal information in order to process your purchase and payments (collectively, “Payment Information”). We will not use the Payment Information for any purpose other than in connection with performing the sale and to process and collect any related payment.
Legal Processes and Business Transactions: We may use any of your personal information to exercise our legal rights, defend and advance our legal interests, comply with our legal obligations (such as under data protection laws), and protect against fraudulent, harmful and illegal activity. If we take steps to enter into a reorganization, restructuring, merger, acquisition, or whole or partial sale or transfer of our business or assets (“Business Transaction”), we may also use your personal data to give effect to that business transaction. We will only do so in compliance with applicable law.
III. TO WHOM DO WE DISCLOSE PERSONAL INFORMATION?
Service Providers: We disclose the personal information we collect from you to affiliated and unaffiliated service providers who process the personal information on our behalf to help us fulfil the purposes described in this Privacy Policy. Such functions and services may include hosting or maintaining this Website, analyzing data, providing legal, accounting and marketing services, and providing other support services. All such parties will be under obligation to maintain reasonable security and confidentiality of personal information.
Payments: We will disclose Payment Information as necessary and permitted by applicable law to process and collect the payment for any purchase made by you on this Website. We will provide and disclose any personal information and Payment Information to the extent required by any law or order or direction of any court or governmental entity or agency.
Targeted Advertising Business Partners: We have engaged business partners to enhance our advertising efforts by collecting certain data about users of this Website and using it to serve targeted Fogo de Chão advertisements on websites we do not operate. These disclosures constitute “sharing” personal information under the privacy laws of California and “targeted advertising” under the privacy laws of Colorado, Connecticut, Virginia and Utah (some of which may not yet be in force). You may request that we stop using or disclosing your data to these third parties for the purposes of targeted advertising by following the instructions in Section V below.
Legal Process: Upon our suspicion of the access or use of this Website for a purpose or in a manner that may be unlawful, illegal, or infringing or in violation of the rights of any person or entity, we reserve the right to disclose and provide any possible evidence, including any personal information and Payment Information, to any investigating, prosecuting or litigating party. We may also disclose personal information if required to do so by law or legal process, or to law enforcement authorities under appropriate circumstances.
Business Transactions: We may disclose personal data to manage or give effect to any Business Transaction that our business decides to enter into, subject to compliance with applicable law.
IV. SECURITY
• We put in place measures intended to protect your personal information from unauthorized access and to protect the integrity of your personal information. In certain locations on this Website, such as where users provide information to purchase goods, this Website may use encryption to protect such transmissions.
V. YOUR RIGHTS
• Privacy Rights under Applicable Laws: Under applicable laws, you may have rights to access, correct, port or erase certain personal information that we have about you, know certain details about how we process your personal information, or restrict or object to certain activities in which we engage with respect to your personal information. If you have such rights and your request complies with the requirements under applicable laws, we will give effect to your rights as required by law.
• Opt-Out of Targeted Advertising: If you reside in certain states, including California, Colorado, Connecticut, Virginia and Utah, you have or will soon have the right to opt out of the use of your personal information for targeted advertising or cross-context behavioral advertising purposes. To submit such a request, please click the following link: “Do Not Sell or Share My Personal Information // Your Opt-Out Rights”, in which case we will respond to your request in accordance with applicable law. Please note that we do not sell personal information in the sense that we exchange personal information for monetary consideration.
We will respond to your requests to exercise your privacy rights in accordance with applicable law. We may request additional information from you to verify your identity and complete your request. If we deny your request, we will explain why. In some states, you have the right to appeal our denial, which you may exercise by responding to the message we send to you communicating our denial stating that you appeal our decision. In these cases, we will reconsider your request and then notify you of our decision.
VI. CALIFORNIA RESIDENTS
The additional disclosures in this Section VI apply only if you reside in California. These disclosures do not reflect our practices where an exception or exemption applies under the California Consumer Privacy Act (“CCPA“). Please see Section I above for information about the categories of personal information that we collect from you when you use this Website. These categories correspond with the following categories under the CCPA’s definition of “personal information”:
• Identifiers such as a real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, driver’s license number, passport number, or other similar identifiers.
• Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, address, and telephone number.
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, including, but not limited to, information regarding a consumer’s interaction with an internet website application.
• Geolocation data (but not precise geolocation data).
• Audio, electronic, visual or similar information.
Please see Section II above for the purposes for which we use information. In general, we store each type of personal information only as long as necessary to fulfil the purposes for which we collected it (the “General Retention Period”), except in the following situations: (1) where applicable laws or legal directives require us to retain your personal data for a legally prescribed period beyond the General Retention Period (in these cases, we will keep that personal information for the legally prescribed time period before deleting it); (2) where your personal information is relevant to potential legal claim(s) by or against us (in these cases, we will keep that personal information for as long as the legal claim(s) can be made or, if it has been made, for as long as the personal information is relevant to the resolution of the claim(s) or any appeal thereto; and (3) we will retain your personal information for a reasonable period of time necessary for us to verify that the purposes for which we collected your personal information no longer apply and to delete it following such verification. If any of these exceptions apply to certain personal information, we will retain personal information for as long as an exception applies.
We do not collect sensitive personal information unless you voluntarily submit it to us, we do not use sensitive personal information to infer characteristics about you, and we only use sensitive personal information for purposes referred to under Subsection 1798.121(a) of the CCPA. To provide you with more interesting and customized information, promotions and advertising, we disclose personal information to third-party providers of advertising technologies and services who may use such personal information for their own purposes or to serve other customers, including to display Fogo de Chão advertisements to you on sites and services that we do not operate. These common forms of data sharing and use are qualified as “selling” and “sharing” under the CCPA. To opt-out of such disclosures, please follow the prompts here: “Do Not Sell or Share My Personal Information // Your Opt-Out Rights“. Our CCPA Privacy Policy is available at https://fogodechao.com/CCPA-Privacy-Policy.
VII. REVISIONS
We may change, modify, supplement, or replace all or part of this Privacy Policy from time to time. We will post all Privacy Policy changes on this Website and provide more prominent notice if the change is significant. The last updated date of this Privacy Policy will be identified on the main page of this Privacy Policy. We will also take other steps as necessary depending on the nature of the changes, including obtaining your consent where required by local data privacy or protection laws, or providing you with the opportunity to delete your personal information.
VIII. CONTACT US
Please feel free to contact us with any comments, questions, complaints, or suggestions you might have regarding the information practices described in this Privacy Policy. You may send us an e-mail at info@fogo.com or write to us at Fogo Hospitality, Inc., Attention: Customer Service, 14850 Quorum Drive, Suite 500 | Dallas TX, 75254.